Page:United States Statutes at Large Volume 114 Part 4.djvu/269

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PUBLIC LAW 106-505—NOV. 13, 2000 114 STAT. 2331 "(1) IN GENERAL.—The Director of NIH, acting through the Director of the Center, may make grants or contracts to public and nonprofit private entities to expand, remodel, renovate, or alter existing research facilities or construct new research facilities, subject to the provisions of this section. "(2) CONSTRUCTION AND COST OF CONSTRUCTION. — For purposes of this section, the terms 'construction' and 'cost of construction' include the construction of new buildings and the expansion, renovation, remodeling, and alteration of existing buildings, including architects' fees, but do not include the cost of acquisition of land or off-site improvements. "(b) SCIENTIFIC AND TECHNICAL REVIEW BOARDS FOR MERIT- BASED REVIEW OF PROPOSALS. — "(1) IN GENERAL: APPROVAL AS PRECONDITION TO GRANTS.— " (A) ESTABLISHMENT.— There is established within the Center a Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities (referred to in this section as the 'Board'). "(B) REQUIREMENT.— The Director of the Center may approve an application for a grant under subsection (a) only if the Board has under paragraph (2) recommended the application for approval. "(2) DUTIES.— "(A) ADVICE.—The Board shall provide advice to the Director of the Center and the advisory council established under section 480 (in this section referred to as the 'Advisory Council') in carrying out this section. "(B) DETERMINATION OF MERIT. —In carrying out subparagraph (A), the Board shall make a determination of the merit of each application submitted for a grant under subsection (a), after consideration of the requirements established in subsection (c), and shall report the results of the determination to the Director of the Center and the Advisory Council. Such determinations shall be conducted in a manner consistent with procedures established under section 492. "(C) AMOUNT.— In carrying out subparagraph (A), the Board shall, in the case of applications recommended for approval, make recommendations to the Director and the Advisory Council on the amount that should be provided under the grant. "(D) ANNUAL REPORT, —In carrying out subparagraph (A), the Board shall prepare an annual report for the Director of the Center and the Advisory Council describing the activities of the Board in the fiscal year for which the report is made. Each such report shall be available to the public, and shall— "(i) summarize and analyze expenditures made under this section; "(ii) provide a summary of the t3T)es, numbers, and amoiuits of applications that were recommended for grants under subsection (a) but that were not approved by the Director of the Center; and "(iii) contain the recommendations of the Board for any changes in the administration of this section. "(3) MEMBERSHIP.—